Bill Text: NY S04708 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires insurance companies to provide coverage for the vaccine against human papilloma virus.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INSURANCE [S04708 Detail]

Download: New_York-2011-S04708-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4708
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 14, 2011
                                      ___________
       Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Insurance
       AN ACT to amend the insurance law,  in  relation  to  the  provision  of
         preventive and primary care services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Clauses (ii) and (iii) of subparagraph (B) of paragraph  17
    2  of  subsection  (i)  of  section  3216 of the insurance law, as added by
    3  chapter 728 of the laws of 1993, are amended and a new  clause  (iv)  is
    4  added to read as follows:
    5    (ii)  at  each visit, services in accordance with the prevailing clin-
    6  ical standards of  such  designated  association,  including  a  medical
    7  history,  a  complete  physical  examination,  developmental assessment,
    8  anticipatory guidance, appropriate immunizations  and  laboratory  tests
    9  which  tests  are  ordered at the time of the visit and performed in the
   10  practitioner's office, as authorized by law, or in a clinical  laborato-
   11  ry; [and]
   12    (iii)  necessary  immunizations as determined by the superintendent in
   13  consultation with the commissioner of  health  consisting  of  at  least
   14  adequate  dosages  of  vaccine  against  diphtheria, pertussis, tetanus,
   15  polio, measles, rubella, mumps, haemophilus influenzae type b and  hepa-
   16  titis  b  which  meet the standards approved by the United States public
   17  health service for such biological products[.]; AND
   18    (IV) IMMUNIZATIONS DETERMINED BY THE DEPENDENT CHILD'S PHYSICIAN TO BE
   19  MEDICALLY APPROPRIATE CONSISTING OF AT LEAST ADEQUATE DOSES  OF  VACCINE
   20  AGAINST  HUMAN  PAPILLOMA VIRUS WHICH MEETS THE STANDARD APPROVED BY THE
   21  UNITED STATES PUBLIC HEALTH SERVICE FOR SUCH BIOLOGICAL PRODUCTS.
   22    S 2. Clauses (ii) and (iii) of subparagraph  (B)  of  paragraph  8  of
   23  subsection (l) of section 3221 of the insurance law, as amended by chap-
   24  ter  728 of the laws of 1993, are amended and a new clause (iv) is added
   25  to read as follows:
   26    (ii) at each visit, services in accordance with the  prevailing  clin-
   27  ical  standards  of  such  designated  association,  including a medical
   28  history, a  complete  physical  examination,  developmental  assessment,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04575-01-1
       S. 4708                             2
    1  anticipatory  guidance,  appropriate  immunizations and laboratory tests
    2  which tests are ordered at the time of the visit and  performed  in  the
    3  practitioner's  office, as authorized by law, or in a clinical laborato-
    4  ry; [and]
    5    (iii)  necessary  immunizations as determined by the superintendent in
    6  consultation with the commissioner of  health  consisting  of  at  least
    7  adequate  dosages  of  vaccine  against  diphtheria, pertussis, tetanus,
    8  polio, measles, rubella, mumps, haemophilus influenzae type b and  hepa-
    9  titis  b  which  meet the standards approved by the United States public
   10  health service for such biological products[.]; AND
   11    (IV) IMMUNIZATIONS DETERMINED BY THE DEPENDENT CHILD'S PHYSICIAN TO BE
   12  MEDICALLY APPROPRIATE CONSISTING OF AT LEAST ADEQUATE DOSES  OF  VACCINE
   13  AGAINST  HUMAN  PAPILLOMA VIRUS WHICH MEETS THE STANDARD APPROVED BY THE
   14  UNITED STATES PUBLIC HEALTH SERVICE FOR SUCH BIOLOGICAL PRODUCTS.
   15    S 3. Paragraph 2 of subsection (j) of section 4303  of  the  insurance
   16  law,  as  amended by chapter 728 of the laws of 1993, is amended to read
   17  as follows:
   18    (2) For purposes of  this  subsection,  preventive  and  primary  care
   19  services shall mean the following services rendered to a dependent child
   20  of  a  subscriber from the date of birth through the attainment of nine-
   21  teen years of age: (i)  an  initial  hospital  check-up  and  well-child
   22  visits scheduled in accordance with the prevailing clinical standards of
   23  a national association of pediatric physicians designated by the commis-
   24  sioner of health (except for any standard that would limit the specialty
   25  or  forum  of  licensure of the practitioner providing the service other
   26  than the limits under state law). Coverage for  such  services  rendered
   27  shall  be provided only to the extent that such services are provided by
   28  or under the supervision of a physician, or other professional  licensed
   29  under  article  one hundred thirty-nine of the education law whose scope
   30  of practice pursuant to such law includes the authority to  provide  the
   31  specified  services.  Coverage  shall  be  provided  for  such  services
   32  rendered in a hospital, as defined in section twenty-eight  hundred  one
   33  of  the  public  health  law,  or  in  an office of a physician or other
   34  professional licensed under  article  one  hundred  thirty-nine  of  the
   35  education  law whose scope of practice pursuant to such law includes the
   36  authority to  provide  the  specified  services,  (ii)  at  each  visit,
   37  services  in  accordance  with the prevailing clinical standards of such
   38  designated association, including a medical history, a complete physical
   39  examination, developmental assessment, anticipatory guidance,  appropri-
   40  ate  immunizations  and  laboratory tests which tests are ordered at the
   41  time of the visit and performed in the practitioner's office, as author-
   42  ized by law, or in a clinical laboratory, [and] (iii) necessary  immuni-
   43  zations  as  determined  by  the superintendent in consultation with the
   44  commissioner of health  consisting  of  at  least  adequate  dosages  of
   45  vaccine against diphtheria, pertussis, tetanus, polio, measles, rubella,
   46  mumps,  haemophilus  influenzae  type  b  and hepatitis b which meet the
   47  standards approved by the United States public health service  for  such
   48  biological  products, AND (IV) IMMUNIZATIONS DETERMINED BY THE DEPENDENT
   49  CHILD'S PHYSICIAN TO BE MEDICALLY APPROPRIATE  CONSISTING  OF  AT  LEAST
   50  ADEQUATE  DOSES OF VACCINE AGAINST HUMAN PAPILLOMA VIRUS WHICH MEETS THE
   51  STANDARD APPROVED BY THE UNITED STATES PUBLIC HEALTH  SERVICE  FOR  SUCH
   52  BIOLOGICAL  PRODUCTS.    Such  coverage  shall  not be subject to annual
   53  deductibles and/or coinsurance. Such  coverage  shall  not  restrict  or
   54  eliminate existing coverage provided by the contract.
   55    S 4. This act shall take effect immediately.
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